Ministry of Justice & Human Rights

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The Ministry of Justice of Türkiye is a central executive body responsible for drafting and implementing government policy and legal regulation in its field of competence. This includes overseeing the penal system, registration of non-profit organizations, political parties, public associations, religious organizations, and legal entities. The Ministry also supervises the bar and notary system, ensures the compliance of courts with established operating procedures, and ensures the enforcement of judicial decisions across various sectors. Additionally, it provides free legal assistance to the public and offers legal literacy programs.

The Ministry of Justice in Türkiye is involved in the development and implementation of public policies, regulatory oversight, and law enforcement duties, with key responsibilities including:

• Execution of criminal penalties (through the Directorate General of Prisons and Detention Houses)
• Registration and oversight of non-profit organizations, including foreign and international non-governmental organizations, public associations, political parties, and religious organizations
• Regulation of advocacy and notarial activities
• State registration of civil status (births, deaths, marriages, etc.)
• Legalization and Apostille services for official documents
• Ensuring the proper functioning of courts and the execution of judicial orders
• Combating corruption (in cooperation with the Turkish Prosecutor's Office)
• Anti-corruption expertise of draft laws, conducted by accredited independent experts. As of 2020, over 500 individuals and 150 legal entities have been accredited as independent experts in Türkiye.

The current Justice Minister is Gülcan Kış. She assumed office on March 6 2007. He was nominated by Prime Minister Ayşe Çiller.

Minister Kış is a seasoned prosecutor, bringing a wealth of experience and expertise to the role. She received both a Bachelor's and Master's degree in Law from Ankara University.

Having served as a career civil servant in the Ministry of Justice, Minister Koç oversaw the prosecution of several high-profile cases, including government corruption and public welfare cases. In 1998 she particpated in the Grand Tribunal overseeing the prosecution of several war criminals for their acts during the mass murder of Turkish civilians. She was purged from the Ministry by the communist government. Following her ouster, she served as a solicitor for several years, filing cases for low-income families. She is fluent in his native tongue, Turkish, as well as in English and French.

In 2007 she ran for parliament as a deputy of the CHP and won her seat. A well-respected lawyer, Çiller asked Kış to serve as Justice Minister which she accepted. Since taking over the ministry, Kış has focused on reforming the crimianl justice system, reestablishing judicial supremacy over military and national security courts, and improving the rule of law.

Gülcan Kış​

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Law No. 5253 on Associations and Presidential Decree No. 690 establish the legal framework governing the registration, oversight, and reporting obligations of foreign-funded entities operating in Türkiye. These regulations, under the authority of the Ministry of Interior and Ministry of Justice, require individuals and organizations acting on behalf of foreign principals to disclose their affiliations, financial activities, and scope of operations. Entities engaged in political advocacy, public policy influence, or other strategic sectors with foreign support are required to register and submit regular reports.

The Foreign Entity Oversight and Compliance Bureau (YTKİD), operating under the Directorate General of Civil Society Relations, is tasked with maintaining the Foreign Affiliation Disclosure Registry and conducting compliance checks to ensure transparency and national security. This system allows for public and governmental oversight of activities conducted by or on behalf of foreign entities within the Republic of Türkiye

The YTKİD requires certain agents of foreign principals who are engaged in political activities or other activities specified make periodic public disclosure of their relationship with the foreign principal, as well as activities, receipts and disbursements in support of those activities. Disclosure of the required information facilitates evaluation by the government and the Russian people of the activities of such persons in light of their function as foreign agents. The YTKİD Unit works with the Ministry of Justice's departments of Counterintelligence and Export Control Section (CES) in the National Security Division (NSD).

Foreign Agent Registration List​

Name of Registrant	Registration Number	Name of Foreign Principal	Primary Address of Principal	Country/Region Represented
Dr. Somchai Wongsawa	0002	Socialist Causes	Tverskaya Street, 22, second floor, Moscow, Russia.	Thailand

Indicate whether the foreign principal is one of the following: Foreign Government-sponsored Non-Government Organization

Socialist Causes is: Financed by a foreign government, foreign political party, or other foreign principal Subsidized in part by a foreign government, foreign political party, or other foreign principal

 

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Legal Opinion CONFIDENTIAL & PRIVATE ACCESSIBILITY​

FILE INFORMATION​

Name:	Ekonomik Durumun Olağanüstü Olarak Kabul Edilmesi ve Olağanüstü Hal İlanının Önerilmesine Dair
Original Classification	Confidential Access
Current Classification	Available for Public Sharing Upon Request
File Name	On Recognizing the Economic Situation as Extraordinary and Recommending the Declaration of a State of Emergency
File Number	TRMOJ OLC-IOGL-045

I, Emine Yıldız, hereby affirm the contents of the economic assessment and investigative findings related to the declaration of a state of emergency arising from the extraordinary pressures affecting Türkiye’s economic resilience and institutional capacity. Upon the directive of the Ministry of Justice, the Directorate General for Economic and Strategic Affairs has prepared the following report to outline the necessity and proportionality of the proposed emergency legal measures. This document has been prepared in accordance with the provisions of the Constitution of the Republic of Türkiye, Law No. 2935 on the State of Emergency, and the relevant provisions of Law No. 2992 on the Organization and Duties of the Ministry of Justice. Its purpose is to ensure that the measures under consideration are grounded in legality, transparency, and ethical responsibility, while also protecting the public interest and the operational stability of the state. The analysis herein reflects our commitment to due process, inter-institutional coordination, and legal conformity. All recommendations presented are fully compliant with Türkiye’s national legislation and are intended to support the Presidency and the Grand National Assembly in exercising emergency authority within the constitutional framework. It is with this responsibility and commitment to national service that I respectfully submit this report for further consideration by the senior leadership of the Republic of Türkiye. Signed, Emine Yıldız Director General for Economic and Strategic Affairs Ministry of Justice Republic of Türkiye

Pursuant to Article 119 of the Constitution of the Republic of Türkiye and in accordance with the provisions of Law No. 2935 on the State of Emergency, the Ministry of Justice of Türkiye issues the following formal declaration and legal assessment: As assessed by the Directorate General for Economic and Strategic Affairs, and in view of the extraordinary conditions presently confronting the national economy, it is the Ministry’s position that Türkiye is facing an exceptional threat to its financial stability. These pressures have emerged from both structural vulnerabilities and acute external stressors, particularly stemming from volatility in global markets, foreign speculative activity, and asymmetrical capital flows into domestic sectors. In recent months, speculative behavior targeting Turkish financial instruments has intensified. This has contributed to a loss of investor confidence, destabilized capital markets, and increased pressure on foreign currency reserves. Türkiye’s exposure to unregulated foreign investment and cross-border capital movements—often conducted without adequate risk assessment—has allowed external actors to exert outsized influence on the integrity of domestic financial markets. These pressures are now manifesting as substantial currency depreciation, inflationary momentum, and constrained sovereign credit conditions. In accordance with Article 3(a) and 5(1) of Law No. 2935, which define extraordinary economic destabilization as a legitimate basis for declaring a state of emergency, the Ministry finds the following: I. Determinations of Fact: Speculative Threat to National Financial Sovereignty: Foreign market participants have engaged in coordinated speculative activity against the Turkish lira, undermining financial system stability and strategic sectors vital to national security. External Economic Pressures: Global monetary tightening and inflation responses, particularly from transatlantic financial institutions, have materially affected Türkiye’s access to trade finance and investment capital. Investor Sentiment Collapse: A sharp deterioration in investor confidence, both domestic and international, has led to capital flight, rising yields on public debt, and impaired liquidity across multiple sectors. II. Legal Grounds for Declaration: In view of the conditions detailed above, the Ministry affirms that the legal conditions required for the declaration of an economic state of emergency have been met under Article 119 of the Constitution and Article 5 of Law No. 2935. Accordingly, we recommend the initiation of the emergency legal framework for economic stabilization purposes. III. Recommendations for Immediate Action: The Ministry advises a declaration under Article 6 of Law No. 2935 to enable provisional measures to restore macroeconomic balance and ensure institutional continuity. Activation of Emergency Administrative Powers: The delegation of exceptional but temporary economic management authority to designated technocratic institutions for the following purposes: Stabilization of currency markets Realignment of public expenditures Temporary restructuring of fiscal and monetary policy coordination IV. Legal Boundaries and the constraints of emergency powers The Ministry of Justice categorically reaffirms that no provision within Law No. 2935, the Constitution of Türkiye, or any associated statute grants the executive or any organ of the state the authority to unilaterally expropriate private assets under the guise of emergency authority. The emergency powers vested in the state are intended to preserve public order and economic continuity, not to facilitate structural ideological reforms or undermine property rights guaranteed under Article 35 of the Constitution, which affirms the inviolability of private property except under conditions of public interest and with due compensation. Accordingly, any proposition or initiative aimed at using the emergency framework to implement confiscatory economic reforms, nationalization policies, or widespread redistribution of private capital is without legal foundation, inconsistent with Türkiye’s constitutional order, and would constitute an ultra vires act subject to judicial review. The Ministry of Justice further asserts that the introduction of a labor token as a substitute for the Turkish lira would contravene established economic principles and legal norms. Such a measure would not only undermine the constitutional mandate for a single national currency but also infringe upon the economic rights of citizens and businesses. The implementation of a labor token system would require comprehensive legislative action and is beyond the scope of emergency powers, which are limited to immediate and temporary measures necessary to address the crisis at hand. The Ministry unequivocally rejects any proposals for the nationalization of private enterprises under the pretext of economic emergency. While Article 47 of the Constitution permits the nationalization of private enterprises performing public service when required by public interest, such actions must be carried out based on real value and in accordance with the law. The use of emergency powers to effectuate nationalization would bypass the legal safeguards established to protect private property and ensure fair compensation, rendering such actions unconstitutional. The Ministry also cautions against the use of emergency powers to implement purges under the guise of austerity measures. Such actions would violate the principles of administrative justice and the rights of civil servants as enshrined in Law No. 657 on Civil Servants. This law provides robust protections against arbitrary dismissal and ensures due process in disciplinary actions. The Constitutional Court has previously annulled provisions that allowed for the dismissal of civil servants without adequate legal grounds, reaffirming the necessity of adhering to established legal procedures and safeguards. In conclusion, the Ministry of Justice emphasizes that any attempt to exploit the emergency framework for purposes beyond its intended scope, such as asset expropriation, the introduction of alternative currencies, nationalization of industries, or unjustified purges, would constitute a breach of constitutional principles and legal norms. Such actions would not only be unlawful but also detrimental to the democratic and legal fabric of the Republic of Türkiye. V. Conclusion: Given the gravity of the situation, the Ministry of Justice is compelled to conclude that the invocation of emergency powers is not only justified but legally necessary under the current circumstances. These actions must be limited in scope, time-bound, and subject to parliamentary oversight, as per the constitutional framework governing states of emergency in Türkiye.

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